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Legislation (Procedure, Publication and Repeals) (Wales) Act 2025

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2Road traffic orders not required to be made by Welsh statutory instrument

This section has no associated Explanatory Notes

(1)In section 325 of the Highways Act 1980 (c. 66) (provisions as to regulation, schemes and orders), after subsection (1) insert—

(1A)But powers conferred by this Act on the Welsh Ministers are not exercisable by Welsh statutory instrument (see Schedule 1A to the Legislation (Wales) Act 2019 (anaw 4)) where provision made under the power—

(a)is of temporary application, or

(b)is not subject to the Senedd approval procedure, the Senedd confirmation procedure or the Senedd annulment procedure;

(and a power conferred by this Act on the Welsh Ministers to make such a provision includes a power to revoke or vary the provision, which is not exercisable by Welsh statutory instrument).

(2)In section 124 of the Road Traffic Regulation Act 1984 (c. 27) (provisions as to orders), after subsection (2) insert—

(3)But‍ in relation to the exercise by the Welsh Ministers of a power to make an order under or by virtue of sections 1, 9, 14, 16A, 29 or 84—

(a)the requirement in subsection (2) to make the order by Welsh statutory instrument (see Schedule 1A to the Legislation (Wales) Act 2019 (anaw 4)) does not apply, and

(b)the Welsh Ministers’ power includes a power to make an order to revoke or vary an order previously made under or by virtue of those sections, and the requirement in subsection (2) does not apply to such an order.

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